Opinion
36830
January 17, 1935
Present, Campbell, C.J., and Holt, Epes, Hudgins, Gregory and Browning, JJ.
INSURANCE — Group Policy — Cancellation of Policy by Leaving Company's Employment — Case at Bar. — In the instant case, an action to recover death benefits under a group policy, the policy provided that if the employee left his employment the policy should be automatically cancelled. Provision was made in the policy for disability benefits. The assured developed tuberculosis and because of it left the company's employment and died more than two years later. The claim was for death loss and not disability benefits. Defendant demurred to plaintiff's evidence and upon joinder the trial court instructed the jury to return a verdict for plaintiff.
Held: That the instant case should be reversed upon the authority of Collins v. Metropolitan Life Insurance Co., ante, page 833, 178 S.E. 40.
Error to a judgment of the Circuit Court of Henry county in a proceeding by motion for a judgment for money. Judgment for plaintiff. Defendant assigns error.
Reversed.
The opinion states the case.
Harris, Harvey Brown and Grasty Crews, for the plaintiff in error.
Percy T. Stiers, for the defendant in error.
Mrs. Annie L. Cole is the mother of Robert J. Cole, deceased, and is the designated beneficiary in a certificate of insurance issued to her son, Robert, who was an employee of Riverside and Dan River Cotton Mills, Incorporated. The claim here set up is one under the same group policy issued by Metropolitan Life Insurance Company and dealt with in the case of Amanda I. Collins v. Metropolitan Life Insurance Co., ante, page 833, 178 S.E. 40, this day decided.
Robert Cole went to work for the cotton mill some time before March 23, 1925. His certificate of insurance bears that date. While so employed pulmonary tuberculosis developed and because of it he left the company's employment in September, 1928, and died on February 19, 1931. There was a jury trial. The defendant demurred to the plaintiff's evidence. Upon joinder the court instructed the jury to write up a verdict giving judgment for $800 in favor of plaintiff, subject to the court's ruling on the demurrer to the evidence.
A verdict was returned in accordance with the court's directions which was by it affirmed. It represented a death loss and not a disability benefit and was made up of the $500 provided for on the face of the certificate of insurance plus three annual accretions of $100 each.
The reasons which led to an affirmation of the case of Amanda Collins v. Metropolitan Life Insurance Company, apply here with equal force and make it necessary that the judgment in the instant case be reversed. Here also plaintiff's right to disability benefits is a matter about which we express no opinion.
Reversed.
GREGORY, J., dissenting.